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A BILL TO BE ENTITLED
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AN ACT
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relating to voter registration at the polling place during early |
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voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 12, Election Code, is |
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amended by adding Section 12.007 to read as follows: |
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Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER |
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REGISTRARS. An election officer serving a polling place for early |
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voting by personal appearance is a deputy voter registrar and has |
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the same authority as a regular deputy registrar. |
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SECTION 2. Section 65.054, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1), a [A] |
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provisional ballot shall be accepted if the board determines that: |
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(1) from the information in the affidavit or contained |
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in public records, the person is eligible to vote in the election |
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and has not previously voted in that election; |
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(2) the person: |
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(A) meets the identification requirements of |
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Section 63.001(b) at the time the ballot was cast or in the period |
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prescribed under Section 65.0541; |
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(B) notwithstanding Chapter 110, Civil Practice |
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and Remedies Code, executes an affidavit under penalty of perjury |
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that states the voter has a religious objection to being |
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photographed and the voter has consistently refused to be |
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photographed for any governmental purpose from the time the voter |
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has held this belief; or |
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(C) executes an affidavit under penalty of |
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perjury that states the voter does not have any identification |
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meeting the requirements of Section 63.001(b) as a result of a |
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natural disaster that was declared by the president of the United |
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States or the governor, occurred not earlier than 45 days before the |
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date the ballot was cast, and caused the destruction of or inability |
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to access the voter's identification; and |
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(3) the voter has not been challenged and voted a |
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provisional ballot solely because the voter did not meet the |
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requirements for identification prescribed by Section 63.001(b). |
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(b-1) A provisional ballot cast under Section 85.0312 shall |
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be accepted if the voter registrar determines the applicant is |
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eligible for registration under Section 85.0312(d). |
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SECTION 3. Subchapter B, Chapter 85, Election Code, is |
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amended by adding Section 85.0312 to read as follows: |
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Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY |
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VOTING. (a) A person who would be eligible to vote in an election |
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under Section 11.001, but for the requirement to be a registered |
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voter, shall be accepted during early voting by personal appearance |
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for voting the ballot for the precinct of the person's residence as |
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shown by the identification presented if, on the day the person |
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offers to vote, the person: |
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(1) submits a voter registration application that |
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complies with Section 13.002 to an election officer at the polling |
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place; and |
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(2) presents as proof of residence a photo |
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identification under Section 63.0101(a) that states the person's |
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current address on the day the person seeks to vote. |
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(b) The election officer shall return the original proof of |
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residence to the voter. |
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(c) A person voting under this section shall vote a |
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provisional ballot in the manner provided by Section 63.011 except |
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that the person is not required to submit the affidavit under |
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Section 63.011(a). |
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(d) For each registration corresponding to a ballot cast |
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under this section, the voter registrar shall review the |
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application and determine whether the applicant is eligible for |
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registration as provided by Subchapter C, Chapter 13. The |
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registrar shall inform the early voting ballot board of a |
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determination made under this subsection. A registration approved |
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under this subsection takes effect on the date the vote was cast. |
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(e) The secretary of state may by rule prescribe procedures |
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to implement this section. |
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(f) An authority holding an election that does not include a |
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statewide or federal election is not required to comply with this |
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section. |
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SECTION 4. This Act takes effect September 1, 2015. |